X, as token to end concubinage with Y, donates a house to her. Valid?
Act 386's Article 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
However, De Leon & De Leon, Jr. (2011), Comments and Cases on Property, page 664, has expressed the view that, since the purpose of praiseworthy, good for all concerned, it should be considered valid. De Leon & De Leon, Jr. (2011) furthers that this is particularly true where X (donee) is a victim of deceit by X.
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
However, De Leon & De Leon, Jr. (2011), Comments and Cases on Property, page 664, has expressed the view that, since the purpose of praiseworthy, good for all concerned, it should be considered valid. De Leon & De Leon, Jr. (2011) furthers that this is particularly true where X (donee) is a victim of deceit by X.
